Ministers’ Deputies
Notes on the Agenda

CM/Notes/985/10.1 19 January 20071
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985 Meeting, 31 January 2007

10 Legal affairs


10.1 Consultative Council of European Judges (CCJE)

a. Hearing of the Chairman of the CCJE
b. Abridged report of the 7th plenary meeting (Strasbourg, 8-10 November 2006)
c. Draft terms of reference of the Consultative Council of European Judges (CCJE)

Item prepared by GR-J on 10.01.2007

Reference documents
CM(2006)213, CM(2006)213 add1, CM(2006)213 add2 and CM(2006)213 add3

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Action

To hold an exchange of views with the Chair of the Consultative Council of European Judges (CCJE), Mr Raffaele Sabato (Italy).

To take note of the abridged report of the 7th meeting of Consultative Council of European Judges (CCJE) as it appears in document CM(2006)213 and to take the relevant decisions.
Item proposed for adoption without further debate (to be placed in the box).

To approve the draft terms of reference of the CCJE.

1. The Consultative Council of European Judges (CCJE) held its 7th meeting in Strasbourg from 8 to 10 November 2006 with in the chair. The abridged report of the meeting is contained in document CM(2006)213.

2. At its meeting of 10 January 2007, the Rapporteur Group on Legal Cooperation( GR-J) examined the draft terms of reference of the CCJE and the abridged report and agreed to transmit them to the Deputies for adoption of the relevant decisions (below) at their 985th meeting (31 January 2007).

Financing assured: yes.

DRAFT DECISIONS

985th meeting – 31 January 2007

Item 10.1b

Consultative Council of European Judges (CCJE)

b. Abridged report of the 7th plenary meeting (Strasbourg, 8-10 November 2006)
(CM(2006)213, CM(2006)213 add1, CM(2006)213 add2 and CM(2006)213 add3)

Decisions

The Deputies

1. took note of Opinion No. 8 of the Consultative Council of European Judges (CCJE) on “The role of judges in the protection of the Rule of law and human rights in the context of terrorism”, as it appears in document CM(2006)213 Addendum 1;

2. took note of CCJE Opinion No. 9 on “The role of national judges in ensuring an effective application of international and European law”, as it appears in document CM(2006)213 Addendum 2;

3. agreed to forward these two Opinions to the competent authorities in the member states with a view, where appropriate, to having them translated into the corresponding languages;

4. agreed to forward these two Opinions to the Committee of Experts on Terrorism (CODEXTER), the Committee of Legal Advisers on Public International Law (CAHDI), the European Committee on Legal Co-operation (CDCJ), the European Commission for the Efficiency of Justice (CEPEJ) and the Consultative Council of European Prosecutors (CCPE), so that these committees can take the opinions into account in their work;

5. took note of the report prepared for their attention on the measures to be taken in order to make proper use in member states of the Opinions given by the CCJE, in keeping with the Action Plan of the Third Summit of Heads of State and Government, as it appears in document CM(2006)213 Addendum 3, and agreed to forward it to the relevant national authorities;

6. in the light of decisions 1-5 above, took note of the abridged report of the 7
th meeting of the CCJE, as it appears in document CM(2006)213, as a whole.

Item 10.1c

Consultative Council of European Judges (CCJE)

c. Draft terms of reference of the Consultative Council of European Judges (CCJE)
CM(2006)213

The Deputies adopted the terms of reference of the CCJE, as they appear at Appendix … to the present volume of Decisions. < see Appendix to document CM(2006)213 >

Note 1 This document has been classified restricted at the date of issue. Unless the Committee of Ministers decides otherwise, it will be declassified according to the rules set up in Resolution Res(2001)6 on access to Council of Europe documents.


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